A new Missouri law changes how responsibility is determined after certain injuries connected to state transportation projects. Governor Mike Kehoe signed SB 916 on July 13, 2026, and the measure takes effect August 28, 2026. Jennifer Wallace handles personal injury litigation, including slip-and-fall matters, for Brown & Brown Attorneys at Law. Our St. Louis team represents people with Missouri premises liability claims involving unsafe property and roadway conditions.
What Does SB 916 Change?
The law addresses private contractors, subcontractors, engineers, and their employees who perform work according to plans and specifications approved by the Missouri Department of Transportation. It replaces certain common-law cases against those project participants with statutory rules that vary according to the stage of construction.
The timing of the injury now plays a central role:
- Before physical construction begins: After the contract is signed but before work starts, MoDOT is solely liable for qualifying personal injury or death cases.
- During construction: A project participant can face liability. When that party is 50% or less at fault, statutory sovereign-immunity limits apply. Liability is not capped by those limits when its share of fault exceeds 50%.
- After MoDOT accepts the work: The department is again solely liable for qualifying incidents involving the completed project.
Are Contractors Always Protected After Acceptance?
No. The protections do not apply in several situations. A contractor or other MoDOT agent can still face questions about responsibility when:
- Defective work creates an imminent danger
- A concealed defect would not have been found through a reasonable state inspection
- The party knew of a dangerous condition but did not disclose it
- Approved plans were so flawed that the unsafe result should have been recognized
These exceptions make inspection records, project plans, notices, and communications especially important.
What Should an Injured Person Document?
After an accident near a state highway, bridge, sidewalk, or construction zone, try to preserve:
- The exact location, date, and time
- Photos or video of the hazard and warning signs
- Names of contractors displayed at the site
- Witness contact information
- Police or incident reports
- Medical records describing the injury
These details can help establish whether the event occurred before construction, during active work, or after final acceptance.
Does SB 916 Change Every Missouri Premises Liability Case?
SB 916 is limited to MoDOT projects and sovereign-immunity issues. It does not replace the usual rules for injuries on privately owned commercial property, in grocery stores, or at apartment buildings.
Traditional questions about property-owner notice and comparative negligence still depend on the facts. Ownership and maintenance duties can also remain complicated in cases involving a public sidewalk injury. Brown & Brown’s premises liability page explains how dangerous conditions and inadequate warnings can support a property-related injury case.
Ask How SB 916 May Affect Your Injury Case
Identifying the project stage and the party that controlled the site can shape how a MoDOT-related case proceeds. Brown & Brown Attorneys at Law serves injured people throughout St. Louis, Missouri, and nearby communities. Call 314-333-3333 or contact us for a free case review.
